Bill Text: MS HB1183 | 2010 | Regular Session | Introduced

---

Bill Title: Counties; authorize to work on natural and man-made drainage structures.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-02-02 - Died In Committee [HB1183 Detail]

Download: Mississippi-2010-HB1183-Introduced.html

---

MISSISSIPPI LEGISLATURE

2010 Regular Session

To: County Affairs

By: Representative Jennings

House Bill 1183

AN ACT TO AMEND SECTION 19-5-92.1, MISSISSIPPI CODE OF 1972, TO AUTHORIZE COUNTIES TO WORK ON NATURAL AND MAN-MADE DRAINAGE STRUCTURES; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 19-5-92.1, Mississippi Code of 1972, is amended as follows:

     19-5-92.1.  (1)  The board of supervisors of any county, whenever the board determines that the health, comfort and convenience of the inhabitants of the county will be promoted, may:

          (a)  Alter and change the channels of streams or other water courses;

          (b)  Construct, reconstruct and repair bridges over  streams and water courses; and

          (c)  Incur costs and pay necessary expenses for:

              (i)  Providing labor, materials and supplies to clean or clear drainage ditches, creeks or channels or conduits, both natural and man-made and to prevent erosion of such ditches, creeks or channels;

              (ii)  Acquiring property and obtaining easements necessary to perform work under this section; and

              (iii)  Reimbursing landowners for damages and injury resulting from work performed by the county under this section.

     (2)  The work performed and the expenses incurred under subsection (1) of this section may take place on public or private property.  However, if the work is to be performed or the expenses to be incurred will take place on private property, the board of supervisors must:

          (a)  Make a finding, as evidenced by entry upon its minutes, that such work and/or expenses are necessary in order to promote the public health, safety and welfare of the citizens of the county;

          (b)  Give notice, in writing, to all owners of property that will be affected by the work for such period of time as is reasonable to allow such owners to express any objections;

          (c)  Not receive written objection to the work by any owners of property that will be affected by the work within the period of time allowed to express objections; and

          (d)  Unless otherwise agreed, in writing, by the county and the landowner, construct or install a culvert or bridge, at the county's expense, at an appropriate location or locations to provide the landowner ingress and egress to all of the property to which the landowner had access immediately before performance of the work by the county.

     (3)  The county shall reimburse landowners for all damages or injury resulting from work performed by the county under this

section.

     (4)  The provisions of this section do not impose any obligation or duty upon a county to perform any work or to incur any expenditures not otherwise required by law to be performed or incurred by a county, nor do the provisions of this section create any rights or benefits for the owner of any public or private property in addition to any rights or benefits as may be otherwise provided by law.

     (5)  No additional taxes may be imposed for the work authorized under subsection (1) of this section until the board of supervisors adopts a resolution declaring its intention to levy the taxes and establishing the amount of the tax levies and the date on which the taxes initially will be levied and collected.  This date shall be the first day of the month, but not earlier than the first day of the second month, from the date of adoption of the resolution.  Notice of the proposed tax levy must be published once each week for at least three (3) consecutive weeks in a newspaper having a general circulation in the county.  The first publication of the notice shall be made not less than twenty-one (21) days before the date fixed in the resolution on which the board of supervisors proposes to levy the taxes, and the last publication of the notice shall be made not more than seven (7) days before that date.  If, within the time of giving notice, fifteen percent (15%) or two thousand five hundred (2,500), whichever is less, of the qualified electors of the county file a written petition against the levy of the taxes, then the taxes shall not be levied unless authorized by three-fifths (3/5) of the qualified electors of the county voting at an election to be called and held for that purpose.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2010.